Madras High CourtCRL OP/27503/2015dismissed

S.Natarajan v. State Rep By

2015-11-27Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM:

THE HON'BLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.27503 of 2015 S.Natarajan ... Petitioner Vs.

1. State rep. by The Inspector of Police, Aattayampatty Police Station, Salem District.

2. Dr.S.Eswaran, Government Primary Health Centre, Nainampatty, Attayampatti, Salem District.

... Respondents Prayer: Petition filed under Section 482 of Cr.P.C., praying to call for the records and quash the First Information Report in Cr.No.21 of 2015 dated 13.01.2015 pending on the file of the Inspector of Police, Aattayampatty Police Station, Salem District.

For Petitioner : Mr.M.Velmurugan For Respondents : Mr.C.Emalias, APP (For R1) * * * * *

ORDER

This petition has been filed by the petitioner praying to quash the First Information Report in Crime No.21 of 2015 pending on the file of the 1st respondent-Police. 2.The First Information Report has been filed against the petitioner herein for the alleged offences under Section 15(2) 3 of the Indian Medical Council Act, 1956 r/w 420 IPC. The said FIR was registered on 13.01.2015. Now, the petitioner has come forward with the present petition seeking to quash the FIR. 3.Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor. It is represented by the learned Additional Public Prosecutor that investigation is under progress.

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4.Considering the facts and circumstances of the case, I am of the opinion that the scope of quashing the criminal proceedings at the investigation stage is very narrow. The petitioner has not made out any case to quash the FIR. The present petition is pre-mature in nature. Hence, I am not inclined to quash the impugned FIR and the petition is liable to be dismissed.

5.Accordingly, the criminal original petition is dismissed. However, the petitioner is at liberty to file fresh petition after filing final report. Connected Miscellaneous Petition is closed.

ssv -s/d- Assistant Registrar(CCC) True Copy Sub-Assistant Registrar To

1. The Inspector of Police, Aattayampatty Police Station, Salem District.

2. The Public Prosecutor, Madras High Court, Madras.

+ 1 cc to Mr.M.Velmurugan, Advocate SR 65006 kgk(co) prk7/1 Crl.O.P.No.27503 of 2015 https://hcservices.ecourts.gov.in/hcservices/